Are trademark registrations still valid if the owner doesn't use the trademark?
Yes, trademark registrations can be still valid if the owner does not use the trademark. The law of trademark use in Indiana is very clear; a trademark registration can still be valid even if the owner is not using the trademark. Under Indiana law, a trademark registration will remain valid for five years from the date of registration, and the owner does not need to use the trademark during that five-year period in order to keep the registration valid. After the five-year mark, the owner must file a renewal to keep the registration active. Even after the registration is renewed, the trademark can remain un-used and still be valid. However, if there is an extended period of non-use, then the registration may become vulnerable to cancellation. For example, according to Indiana law, "If a mark has been registered for more than five years and has not been used for three consecutive years, the registration may be cancelled at any time." Furthermore, the owner can also be vulnerable to a challenge of trademark infringement if the extended period of non-use makes the trademark vulnerable to genericide. Genericide occurs when a trademark becomes so widely used that it becomes synonymous with the product or service, like Kleenex or Xerox. To this end, if the owner of a trademark does not use it, they may be vulnerable to a challenge of trademark infringement. Overall, trademark registrations may still be valid even if the owner does not use the trademark, however, depending on the length of non-use, the owner may be vulnerable to a challenge of trademark infringement.
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